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STATE v. JOHNS

No. 90-51.

576 So.2d 1332 (1991)

STATE of Florida, Appellant, v. Clifford Eugene JOHNS, Appellee.

District Court of Appeal of Florida, Fifth District.

March 21, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, Colin Campbell and Nancy Ryan, Asst. Attys. Gen., Daytona Beach, for appellant.

Andrew A. Graham and Maureen M. Matheson of Reinman, Harrell, Graham, Mitchell & Wattwood, P.A., Melbourne, for appellee.

HAMMOND, K.C., Associate Judge.

The State of Florida appeals a downward departure sentence. We find that none of the reasons given by the trial judge supports a downward departure and accordingly vacate the sentence and remand for resentencing.

In 1988 the defendant, a police officer, was charged with lewd and lascivious assault on a child under the age of 16 years, a violation of section 800.04, Florida Statutes...

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